What to do with luggage damaged at the airport. What to do in case of damage (spoilage) of baggage Sample claim of s7 airline for damage to baggage

I believe that the carrier should have taken all measures to prevent the loss of baggage, to search for it, and also independently notify me of the fact of its location and deliver it to the point I indicated without charging an additional fee. All this follows from the requirements of the law, which were ignored by the carrier. At the same time, according to Art. 28 of the Law "On Protection of Consumer Rights" if the contractor violated the terms for the provision of services - the terms for the start and (or) end of the provision of services and (or) intermediate terms for the provision of services, the consumer has the right to demand full compensation for losses caused to him in connection with the violation of the terms for the provision of services. Losses are reimbursed within the time limits set to meet the relevant requirements of the consumer. According to Art.

The airline lost my luggage, what should I do?

Moscow office From Address: tel. Claim Mr. I, together with my wife, took off from (via) a flight (to) an airline. We made this flight to get to a place of rest (ski resort). Together with us were things that were checked in luggage.

Attention

Including a bag with sports equipment and personal items. This bag was not found. Representatives of the airline did not provide any assistance.

Lost baggage claim

Losing luggage at airports is a fairly common problem around the world. In addition to causing a number of problems for passengers, it also lowers the popularity rating of airlines.
In the article we will tell you how compensation for lost luggage at the airport in 2018 is calculated, we will give a sample claim. Despite the modern methods used in the maintenance, check-in and transportation of luggage, loss remains an urgent problem.
The fact is that people work with luggage, and they, as you know, tend to make mistakes. In some cases, luggage is safely located, but passengers receive it after some time, for which the airline has to pay.

Reasons for losing luggage at the airport

• the main reason for the loss of baggage may be the usual loss of the tag that is attached to it when checking in for a flight.

Claim procedure

The act is drawn up in two copies, one of them is handed over to the carrier. By the way, drawing up an act is optional and its absence does not deprive the passenger of the right to file a claim.

Info

But it is advisable to do it all the same in order to fix the fact of loss and start counting the time from which the company is obliged to either find your luggage or compensate for its loss. Secondly, you will have to wait, since 21 days are allotted for the search.

Get compensation and benefits

At the same time, I planned this trip since the year, for which I regularly set aside money. However, our vacation was hopelessly ruined due to the fact that, due to the loss of luggage, I found myself without equipment, which, for the above reasons, was not possible for me to purchase. In addition, due to the lack of exactly the cosmetics that my wife uses (due to the peculiarities of her skin, she needs this particular cosmetics), after returning, she was forced to undergo a course of treatment. paying for the services of the carrier. In addition, I believe that the carrier must pay me a fine, provided for in paragraph
3 art. 22 of the Convention for the Unification of Certain Rules for International Carriage by Air concluded in

Claim for Lost Baggage

Compensation for lost and delayed baggage is governed by the Warsaw Convention and the Hague Protocol, which take precedence over local laws in relation to international transport. Compensation for completely lost luggage is calculated on the basis of $20 per 1 kg of weight.

The total weight is determined by the baggage coupon, which is usually attached to the ticket. If the suitcase has not been weighed for any reason, then its weight is estimated at 35 kg.

Compensation is also paid for lost baggage carried in the cabin, but the rates are different here - $ 400, regardless of weight. Damaged luggage is paid for at the same rates. In the rules of the air carrier, passengers are advised to carry documents, money, medicines, keys, fragile items, antiques and jewelry in hand luggage.
Almost all airlines warn in advance that they are not responsible for the loss of these things.

Airline claim for damage to baggage

The carrier ensures the search for baggage immediately upon presentation by the passenger of a statement of non-receipt of baggage. If the checked baggage is found, the carrier ensures that the owner of the checked baggage is notified and delivered to the airport (point) indicated by the passenger, and at the request of the passenger to the address indicated by him without charging an additional fee. Also, according to Art. 18 "Convention for the Unification of Certain Rules Relating to International Carriage by Air" concluded in
In 2004, European air carriers lost an average of 13.9 pieces of baggage per 1,000 passengers. About 85% of lost luggage was found and delivered to passengers within 48 hours.

Least of all last year Italian and Turkish airlines lost suitcases. "Leaders" recognized such "giants" as the Dutch airline KLM Royal Dutch Airlines and the British British Airways. True, these airlines were not to blame in all cases of losses.

The fact is that during transit flights, the last air carrier must solve the problem of lost baggage, regardless of who made the mistake. These companies have a lot of connecting flights with other air carriers, so they have to take on all the sins of their partners.

Actions in case of lost luggage

This list is also entered into the general search system, and in 99% of cases the luggage is located. And if in three weeks it has not been found, the luggage is considered lost or stolen.
Who is to blame The most common reason for the loss of luggage is banal - the tag that is attached to the suitcase or bag when checking in for a flight at the airport came off. If this happened during transportation or reloading from flight to flight and it is impossible to determine on which aircraft the suitcase should have been loaded and who its owner is, the baggage is transferred to the Lost & Found department.

Worse, if the bag is lost during a flight with several landings or on different airlines. In this case, for example, a computer failure in the registration system or in the loading system may be to blame.

This complicates the search. It happens that the loader just made a mistake. A completely hopeless case - if someone liked your suitcase.

Airline baggage claim

If your luggage is damaged:

• air ticket (e-ticket)
• boarding pass
• tear-off coupon
• baggage tag
• baggage damage report
• photos of damaged luggage
• a document confirming the cost of repairing the suitcase (cash or sales receipt, or a certificate from an authorized repair organization), or a document confirming the impossibility of repairing if repair is not possible
• documentary confirmation of the value of the suitcase (certificate or information letter on the cost of the closest articles, or a sales receipt for the purchase)
• full details of the passenger's bank account for transferring monetary compensation

See the form for filling in details.

The peculiarity of air baggage transportation is that it is carried in the baggage compartment of the aircraft, and all actions related to the transportation of baggage are carried out by airport employees. In case of loss of baggage, the passenger may draw up and submit to the airline a claim for reimbursement of the cost of the lost baggage.

How to file a lost baggage

If you did not find your baggage upon arrival at the destination airport, then you should proceed as follows.

Before leaving the arrivals hall, contact the authorized person of the service responsible for tracing baggage. As a rule, this service is located at the airport directly at the baggage claim areas. If the lost baggage was cleared through customs, inform the authorized person about it.

From this person you will receive instructions on how to proceed. In particular, you will be asked to complete the necessary documents, which include a written statement of non-receipt of baggage.
Based on these documents, the airline (air carrier) will take measures to search for baggage.

Documents required to search for lost luggage include:

• air ticket;
• baggage check;
• boarding pass;
• tear-off ticket of the luggage tag;
• passport (foreign passport).

The same documents may be required upon receipt of the found baggage or for filing a claim in case of its loss.

Special rules apply for baggage that was supposed to be delivered from abroad but is not delivered. Thus, according to customs legislation, baggage not delivered for reasons beyond the control of an individual is considered unaccompanied baggage. Accordingly, this baggage must be declared in writing.

Therefore, even if your baggage can be imported without restrictions and it does not require payment of customs duties, you will have to fill out two copies of the passenger customs declaration. After filling out, one copy of the declaration remains with the customs authority, and the second copy remains with an authorized person of the baggage tracing service.

It is useful to know that filling out a passenger customs declaration for lost baggage is a procedure that you cannot do without. The fact is that without a completed declaration, the airline will not be able to deliver your luggage to the destination you specified.

The carrier has 21 days to search for baggage from the date of submission of an application for non-receipt of baggage. Therefore, if your luggage is found within 21 days, then you have to wait for its delivery.

The airline (carrier) will notify you about the delivery of the found baggage and deliver it to the airport or point at the address you specified without charging an additional fee.

How to file a claim with an airline for reimbursement of the cost of lost baggage

If your baggage is not found within 21 days, you can claim damages for the loss of your baggage.

To do this, contact the air carrier with a claim for lost baggage. With a sample claim for reimbursement of the cost of baggage lost during air transportation, you can see .

If you checked in baggage with a declaration of value while traveling on domestic flights, you must be reimbursed for the value of the declared value for a loss of baggage claim. If the value of the baggage was not declared, then compensation is possible within the cost of the lost baggage, but not more than 600 rubles per 1 kg of baggage weight.

However, in international air transportation, liability for the loss of baggage is determined according to other rules established in accordance with international treaties of the Russian Federation.

Thus, in the case of carriage covered by the Montreal Convention, the amount of liability for the loss of baggage without a declared value is limited to the amount of 1,000 special drawing rights, and for the loss of baggage with a declared value, it will be the amount of the declared value. The recalculation of the amount of special drawing rights, for example, in rubles, is carried out according to specially established rules.

Also, an airline that values ​​its reputation may enter into an agreement with passengers to increase its liability in comparison with the amounts established by regulations. In this case, the amount of liability of the airline will be determined on the basis of the concluded agreement.

It is also useful to know that if your luggage is lost or delivered late, you can claim compensation for non-pecuniary damage. But for this you will have to file a lawsuit.

Compensation for air travelers for loss of luggage on domestic flights is provided primarily by the Air Code of the Russian Federation, and on international flights - by international agreements. The airline will be responsible for the loss of baggage to any passenger - both to those who bought a ticket directly from the carrier (airline) and to those who bought a ticket for a charter flight (for example, from a tour operator).

Under current legislation, the carrier is responsible for baggage from the moment the baggage is accepted for transportation until the moment it is issued to the consignee (the passenger himself or another person specified by him). At the same time, the carrier is released from liability for loss or damage to baggage only if it proves that it has taken all measures to prevent damage, or such measures, in principle, could not be taken. This is very good for the passenger, since he does not have to prove the reasons for the loss of his luggage.

The airline is responsible for the safety of not only those things that were checked in as luggage, but also for the safety of personal luggage - things that are with the passenger in the cabin. The carrier is released from liability if it can prove that the luggage was lost or damaged as a result of the passenger's own intent, or due to circumstances beyond the carrier's control that he could not prevent and eliminate.

1. What the passenger should think about before departure.

• do not put passports, other important documents, money, payment cards, things that can damage during the flight (cameras, laptops, etc.) in your luggage;
• Check the baggage rules on the website of the airline and airports. Figure out what you can take with you to the cabin, and what you have to check in your luggage. Pay special attention to the list of things that cannot be carried on the plane;
• if especially valuable things are carried in the baggage, it is worth consider insured shipping. An additional fee is charged for such transportation. But in case of loss of luggage, you will be reimbursed for the entire declared value;
• when checking in for a flight and checking in luggage, be sure to take and save your luggage receipts and tags, boarding passes.

2. The first actions of the passenger upon detection of the loss of baggage.

Contact the special airport service that deals with lost luggage. You will need your passport, airline ticket, boarding passes, baggage tags and receipts. Fill in a special application for the search for baggage. Based on this application, the carrier will be obliged to proceed with the immediate search for your baggage. The search includes sending requests to the airport of departure and other airports where the baggage could have been mistakenly found, as well as a request to send the baggage back if it can be found. The airline must find your baggage within 21 days. Delivery of baggage to your address is carried out at the expense of the airline.

So, at this stage, you need to get:

• act of non-arrival of luggage / application for search of luggage;
• a certificate of flight delay (in case of a late flight);
• also keep documents confirming your losses related to the resolution of this situation.

3. If the luggage is not found within 21 days, write a formal claim to the air carrier.

The claim shall be made in writing and sent to the name of the airline by registered mail or a valuable letter with a description of the attachment and a return receipt. Claims can be filed within 6 months for lost luggage on a domestic flight and within 18 months for luggage lost on an international flight. The term for consideration of the claim is 30 days. Attach copies of supporting documents to the claim, including:

• air ticket;
• baggage receipt;
• baggage tags;
• details for transferring compensation for lost baggage;
• confirmation of the value of lost items (checks, contracts, purchase invoices or certificates of average cost);
• documents confirming the delay in the delivery of baggage or a passenger (airport certificate, invoice of the courier service that delivered the baggage, etc.).

What you can ask the airline for lost or damaged baggage:

1) Compensation for lost baggage.

A) If baggage was carried for an additional fee with a declared value, compensation is paid in the amount of the declared value (both on domestic and international flights).

b) In case of loss of baggage without a declared value on a domestic flight, compensation is paid in the amount of the value of the lost, damaged, missing items, a maximum of 600 rubles per kilogram of baggage. If you can’t prove in any way what specific things were damaged, then ask for 600 rubles for each kilogram lost.

The value of the lost baggage or item is determined on the basis of the seller's invoice or the contract for the purchase of the item. If there are no such documents, you need to get a certificate of the average cost of the item on the day when the luggage was supposed to be issued.

V) In case of loss of personal luggage on a domestic flight, you have the right to count on compensation in the amount of the value of lost, damaged items, or up to 11 thousand rubles if the value cannot be determined;

G) Compensation for the loss or damage of special means of movement for the disabled (including wheelchairs) is paid in the amount of their value.

e) Compensation for the loss of baggage without a declared value on international flights.

International flights are considered flights on which the points of destination and departure are located on the territory of different states. Or flights where the destinations and departures are located on the territory of the Russian Federation, but there was at least one landing point on the territory of another state.

Often there are situations in which Aeroflot passengers are forced to write complaints. In most cases, this happens due to a boorish attitude or the loss of a suitcase. In any case, you need to know how to write a complaint to Aeroflot.

Good reasons for filing a complaint against Aeroflot

Any situation can serve as a reason to write a complaint to Aeroflot. In this case, the most common grounds are considered to be:

• low level of service quality - does not correspond to those declared when buying tickets;
• the fact of violation of rights during the transportation of passengers and baggage was established. For example, due to the fault of the company's employees, things were damaged, or they were completely lost;
• a long period of delay of the scheduled departure;
• untimely delivery of baggage;
• transportation of excess cargo without properly executed documents;
• the scheduled flight for which the ticket was purchased was canceled due to the fault of the airlines.

You can complain about Aeroflot not only by contacting a specialized point of sale, but also by filing a lawsuit with a judicial authority for the purpose of compulsory compensation for material and moral damage.

Procedure for filing a complaint

It is worth writing a claim for damage to luggage or for other significant reasons in strict accordance with the established procedure for the formation of such appeals.

The application must include the following important information:

• full name of the document;
• the full name of the airline - without any abbreviations;
• full passport details;
• up-to-date contact details for the possibility of quick feedback;
• date and time of occurrence of the current conflict situation;
• a detailed description of the main essence of the problem;
• a list of requirements for the airline that must be met to resolve the conflict;
• an exhaustive list of accompanying documents that can confirm the fact of illegal actions on the part of Aeroflot employees;
• reliable details of the bank card to which it is planned to receive compensation, if any;
• date of compilation and personal signature of the applicant.

The Civil Code of the Russian Federation allows the possibility of filing an appeal with:

• written;
• printed form.

The official website of the airline has a sample and a form that can be downloaded for further filling.

It is mandatory to use only normative vocabulary: the absence of any harsh statements, etc. Otherwise, everything can turn against the injured passenger.

Where to file a claim

You can compensate for damage to your suitcase from Aeroflot or claim compensation for other reasons using one of several options:

• by submitting a corresponding application on the official portal of the carrier;
• by filing a written complaint through one of the official representative offices of Aeroflot - in this case, you must personally apply or entrust to an authorized representative, provided that he has a notarized power of attorney.

To be able to prepare and submit an appropriate application online, it is enough to follow the following procedure:

The official Aeroflot portal contains a list of questions that the support service has the full right not to answer:

• in violation of federal laws;
• the formed appeal contradicts the basic principles of morality and morality, or even bears an offensive character;
• the appeal to which a response is required does not apply to the services of the airline.

Important! In case of formation of an appeal with further forwarding by mail or personal transfer to the regional representative office of the company, the application must necessarily include full information about the applicant, data about the flight and ticket, the violator.

Complaints are subject to consideration in accordance with the norms of federal legislation - no more than 30 days. If a negative decision is made, the client reserves the full right to defend interests in other instances:

• the prosecutor's office;
• court;
• Rospotrebnadzor;
• Federal Air Traffic Agency.

In any case, each situation must be considered on an individual basis.

How to file a complaint for damage or theft of luggage

The procedure for applying is standard, however, in this case it is important to prepare documents confirming this fact, the list of which includes:

• air ticket;
• receipts and checks confirming the delivery of baggage.

In order to be able to demand material compensation and compensate for the damage to the suitcase from Aeroflot, the injured party will have to list the contents of the suitcase.

In this case, it is necessary to remember one unpleasant side. Despite the possibility of obtaining compensation, there are always difficulties in confirming the contents of the luggage, which is why the probability of a positive result is practically equal to zero.

The only correct solution is to file a claim with the court. As a rule, this significantly increases the chances of success for the injured party.

What Can You Get With a Complaint?

In this case, it all depends on the specific situation.

For example, if there was a boorish attitude on the part of Aeroflot representatives, the company can:

• issue a reprimand;
• fire;
• fine;
• to accrue compensation - there is little chance, but there have been cases in practice.

Depending on the circumstances and consequences, administrative liability is also provided.

In addition, if there was a fact of causing material or moral damage, you can achieve monetary compensation, which one depends on the level of damage.

Complaint to bus carrier. The basis of the legislation regulating the provision of transport services is the norms of general civil legislation. Relations between the carrier and the citizen-consumer are also regulated by the Law of the Russian Federation "On the Protection of Consumer Rights". In the Civil Code of the Russian Federation, the rules governing transportation are contained in Chapter 40, which defines the concept of a contract of carriage, its types, rights and obligations of the parties, as well as liability for violation of the terms of the contract.

Art. 784 of the Civil Code of the Russian Federation establishes that the conditions of transportation by specific modes of transport are determined by transport charters and codes, other laws and rules issued in accordance with them.

Under the contract for the carriage of a passenger, the carrier undertakes to transport the passenger to the destination, and in the case of the passenger's baggage, also deliver the baggage to the destination and issue it to the person authorized to receive the baggage; the passenger undertakes to pay the established fare, and when checking in the baggage, also for the carriage of the baggage.

The conclusion of a contract for the carriage of a passenger is certified by a ticket, and the delivery of baggage by a passenger is certified by a baggage receipt. Forms of the ticket and baggage receipt are established in the manner prescribed by transport charters and codes.

The passenger has the right, in the manner prescribed by the relevant transport charter or code:

1. transport children with them free of charge or on other preferential terms;
2. carry hand luggage with you free of charge within the established norms;
3. check in baggage for transportation for a fee at the rate.

Transportation carried out by a commercial organization is recognized as transportation by public transport, if it follows from the law, other legal acts that this organization is obliged to carry out the transportation of goods, passengers and luggage at the request of any citizen or legal entity.

The list of organizations obliged to carry out transportation recognized as transportation by public transport is published in the prescribed manner.

To the Administration of ART-Style LLC
from Rusinov Artem Aleksandrovich
Address: Moscow, st. Moscow 32-11
Phone: +7-___-___-__-__

On 03/04/2018, I used the transportation services provided by ART-Style LLC on the basis of ticket No. 0075. The services were provided with shortcomings. Inside the bus there is a terrible smell of exhaust gases that harms life. The bus is not heated, the temperature is both outside and in the bus, and this is throughout the winter. Lack of transport at a scheduled stop, non-fulfillment of a flight, or only one bus on the route, and this is on weekends, holidays.

Carbon monoxide disrupts the functioning of the heart and skeletal muscles (shortness of breath, palpitations, weak pulse). Carbon monoxide is extremely toxic and causes serious harm to the body in a short period of time.

The absence of announcements about stops and the lack of visibility due to frozen windows due to the lack of heating in the cabin complicates the visibility of the area and, as a result, prepares to exit at your stop in a timely manner.

The Contractor is obliged to provide a service that meets the mandatory requirements established by law. Most often, the condition of the quality contract is the class of service, which determines the set of additional services offered during transportation. The class of service determines, as a rule, the level of comfort. For example, on any airline in the world there are three classes: first, business class and economy, and for rail transportation these are compartments, reserved seats, etc. Thus, violations of the terms of the quality contract, for example, placement in a lower class, failure to provide any services provided for by the class of service, is a lack of service.

If, the heating of the bus cabin, the absence of exhaust gases in the cabin and compliance with the schedule, as well as the cleanliness in the bus cabin, is determined by a different class, which corresponds to all other vehicles performing daily trips around the city. That class in buses of route No. 7 is generally absent. However, the ticket price is the same.

This is not the first time I observe this shortcoming, since I have to constantly use the services of motor transport of route No. 7.

I suffered physical and mental suffering. I had to go and suffocate with exhaust fumes, because other vehicles do not travel along this route. As a result, I felt dizzy and nauseous. I was very worried about my health.

In this regard, I demand, within the time period established by law:

1. Fix an exhaust leak in the passenger compartment
2. Provide heating for the passenger compartment
3. Provide visibility in the windows of the bus
4. Announce stops
5. Increase the number of buses on the route in the morning hours on weekends and holidays
6. Compensate for physical and moral suffering with a monthly pass